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HENISSE v. FIRST TRANSIT, INC.

No. 09SC626.

247 P.3d 577 (2011)

Patricia HENISSE, Petitioner v. FIRST TRANSIT, INC., an Ohio corporation licensed to do business in Colorado, and Eric Victor Cotton, Respondents.

Supreme Court of Colorado, En Banc.

February 7, 2011.

Attorney(s) appearing for the Case

Cook & Associates, P.C., Stephen H. Cook , Boulder, Colorado, Walter H. Sargent , a professional corporation Walter H. Sargent, Colorado Springs, Colorado, Attorneys for Petitioner.

Wood, Ris & Hames, P.C., William A. Rogers, III , Mark J. Jachimiak , Brendan L. Loy , Denver, Colorado, Attorneys for Respondents.

John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Kathleen L. Spalding , Senior Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae State of Colorado.

Tami A. Tanoue , Denver, Colorado, Attorney for Amicus Curiae Colorado Intergovernmental Risk Sharing Agency.

Sears & Swanson, P.C., Victoria C. Swanson , Colorado Springs, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.

Rolf G. Asphaug , Denver, Colorado, Attorney for Amicus Curiae Regional Transportation District.

Justice RICE delivered the Opinion of the Court.

In this opinion, we review a court of appeals decision holding that an employee of a private company that contracted with the Regional Transportation District ("RTD") to provide bus driving services was a "public employee" under the Colorado Governmental Immunity Act, sections 24-10-101 to -119, C.R.S. (2010) ("CGIA"), and that his liability, as well as his employer's respondeat superior liability, was capped at $150...

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